DATE: March 28, 2017
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Request for Approval to Substitute A.C. Dike Company for Asphalt Dike Construction, Inc. dba APCO for paving the 4-feet wide pedestrian walkway on Contract No. 16-03-C, Mt. Whitney Paved Pedestrian Walkway.
RECOMMENDED ACTION:
TITLE
Approve the substitution of A.C. Dike Company for APCO for paving of the 4-feet wide pedestrian walkway on Contract No. 16-03-C, Mt. Whitney Paved Pedestrian Walkway.
REPORT
This action is in accordance with Section 4107 (a) (2) of the Public Contract Code because the contractor for the project substituted a subcontractor.
ALTERNATIVE ACTION:
If this action is not approved, the contractor could be subject to a penalty of up to 10 percent of the subcontract amount in accordance with Section 4110 (2) of the Public Contract Code.
FISCAL IMPACT:
There is no Net County Cost associated with the Recommended Action. The contract amount of the project will not change. If the Board determines that a penalty should be assessed due to the subcontractor substitution, it would be withheld from remaining funds due to the prime contractor paid out of Public Works and Planning - Roads Org 4510. The maximum penalty, if one were to be assessed, would be $720.
DISCUSSION:
On August 23, 2016, your Board awarded Contract No. 16-03-C to Seal Rite Paving and Grading ("Seal Rite") for the construction of the Mt. Whitney Paved Pedestrian Walkway. Construction of the project was completed on October 19, 2016 and accepted by the County on November 7, 2016.
Public Contract Code Section 4104 requires the prime contractor to submit a list of subcontractors with their bids whose work on the project constitutes more than one-half of one percent of the prime contractor's total bid or $10,000, whichever is greater. For this project, $10,000 governs.
Seal Rite's bid documents indicated that APCO would be the paving ...
Click here for full text